Month: June 2024

Finding yourself outside of Canada without a valid Permanent Resident (PR) card can feel overwhelming. Whether your card is expired, lost, or if you are yet to meet the residency obligations, navigating the process to re-enter Canada requires clear, practical guidance. Each situation calls for a specific set of strategies, and knowing your options upfront can make a significant difference in managing your return smoothly and efficiently.

Let’s focus on the various methods that can help you re-enter Canada based on the type of passport you hold, the availability of travel documents like the Permanent Resident Travel Document (PRTD), and special considerations such as entering through the US-Canada land border. We’ll also cover what steps to take if your PR card is lost or stolen while you are abroad. Our goal is to equip you with the knowledge you need to navigate these challenges confidently.

Understanding your rights and the available pathways to return to Canada can reduce stress and help ensure that your journey back is as straightforward as possible. Let’s explore these options together, ensuring you’re well-prepared to return to Canada, regardless of your current situation.

Using an eTA or Visitor Visa to return to Canada as a Permanent Resident

Prior to the requirement that any visa-exempt foreign national needed an eTA, it was possible for permanent residents who were visa exempt without a PR card to simply board a plane and return to Canada without it. They could then take their chances with Canada Border Services Agency upon arrival, and generally enter the country with a stern warning about having a valid PR card. 

Since it became mandatory for all visa-exempt foreign nationals to hold a valid eTA (except Americans), it is no longer possible for British, Irish, Australian, and other visa-exempt nationals to board a plane to Canada without a valid PR card or PRTD. Visa-required foreign nationals such as Indians, Filipinos, and (now) Mexican citizens, also cannot be issued a TRV (Visitor Visa) to enter Canada if they are permanent residents. 

This is because a permanent resident cannot be issued any type of travel authorization intended for temporary residents, such as an eTA or visa. This is also why permanent residents returning to Canada must have a valid PR card or PRTD. 

Now, only Americans, who are not required to have an eTA or visa to enter Canada, would be allowed to board a flight to Canada without a PR card, PRTD, eTA, or visa. 

Crossing the US-Canada Border by Land Without a PR Card

When travelling without a valid PR card, crossing the US-Canada border by land offers a unique opportunity. Regardless of which passport you hold, presenting proof of your permanent residency, such as your Record of Landing (IMM 1000) or a Confirmation of Permanent Residence (IMM 5292), or even expired PR card can often suffice at land borders. This is because a valid PR card or PRTD is not legally required to enter Canada via a private vehicle. 

This method generally relies on the discretion of the Canadian Border Services Agency (CBSA) officers, who will assess whether you meet the residency obligation at the time you enter Canada. If you do not, CBSA can use their discretion to allow you to enter Canada without penalty. However, they can also choose to issue a report under section 44 of the Immigration and Refugee Protection Act that they believe you are inadmissible – this can lead to an admissibility hearing where you need to make your case to remain in Canada and keep your PR. 

CBSA can also issue a removal order on the spot for a permanent resident who does not meet the residency obligation. This removal order can be appealed. It is extremely important that if you receive a removal order or report under section 44 that you reach out to an experienced immigration consultant immediately – attempting to DIY a removal order or report under section 44 frequently leads to loss of PR status and deportation from Canada. 

It’s important to prepare for this crossing by organizing and bringing all relevant documentation that can help establish your permanent resident status. This could include your expired PR card, any identity documents, and paperwork that demonstrates your ongoing ties to Canada such as employment details, residential leases, or utility bills. CBSA does take humanitarian and compassionate grounds into consideration. Being clear and honest with the CBSA officer about your situation and your intention to renew your PR status as soon as possible can also aid your entry process.

Applying for a Permanent Resident Travel Document (PRTD)

In cases where you don’t have a valid PR card or PRTD, and can’t access the United States land border, applying for a PRTD is essential. The PRTD serves as a travel document that allows you to return to Canada when you don’t have a valid PR card. Applying for this document can be done from any country abroad, and will require the applicant to demonstrate that they meet the residency obligation, or the requirements for humanitarian and compassionate consideration. 

Preparing your application for a PRTD requires careful attention. You will need to submit a duly completed application form along with the necessary supporting documents, such as your passport, photos that comply with the photo specifications for Canadian visas, and any additional documents that can substantiate your ties to Canada and your compliance with residency obligations. Processing times for PRTD can vary depending on the volume of applications and the specific requirements of the Canadian visa office in your region. Proactively managing your application can reduce wait times and help facilitate a smoother re-entry to Canada.

Handling Lost or Stolen PR Cards and Residency Obligations While Abroad

Losing your PR card while abroad requires prompt action to mitigate complications on your return to Canada. First, report the loss or theft to the nearest police station and obtain a police report, as this document might be necessary when applying for a replacement PR card or when explaining the situation at a point of entry into Canada.

If you are abroad and realize you do not meet the residency obligation, it’s crucial to consult with an immigration professional to understand the potential impacts on your status. Compiling evidence such as travel records, tax returns, and records of ties to Canada can be necessary to demonstrate your connection to the country and argue for the retention of your permanent resident status.

In cases where you believe your residency obligations are not met or your PR card is unavailable, applying for a Permanent Resident Travel Document (PRTD) as discussed previously, is advisable. This document will enable your return to Canada, where you can address your residency status more thoroughly.

Ensuring Your Return to Canada

Navigating the complexities of re-entry into Canada without a valid PR card might seem daunting, but understanding your available options simplifies the process. Whether it’s applying for a PRTD, crossing by land with necessary documents, or dealing with a lost or stolen PR card, each method has its procedures and requirements.

At Doherty Fultz Immigration, we are committed to assisting you through these challenges. Our team of certified immigration consultants is ready to offer guidance, support, and professional advice to ensure your return to Canada is as smooth as possible. If you find yourself unsure about the steps you need to take or need assistance with any part of the process, contact us today. We are here to help you confidently and easily navigate your journey back to Canada.